ML20212J158
| ML20212J158 | |
| Person / Time | |
|---|---|
| Site: | Perry  |
| Issue date: | 09/30/1999 |
| From: | Collins S NRC (Affiliation Not Assigned) |
| To: | CENTERIOR ENERGY, CLEVELAND ELECTRIC ILLUMINATING CO., DUQUESNE LIGHT CO., External (Affiliation Not Assigned), OHIO EDISON CO., PENNSYLVANIA POWER CO., TOLEDO EDISON CO. |
| Shared Package | |
| ML20212J153 | List: |
| References | |
| NUDOCS 9910050051 | |
| Download: ML20212J158 (12) | |
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UNITED STATES OF AMERICA NUCLEAR REGULATORY COMMISSION in the Matter of
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FIRSTENERGY NUCLEAR
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OPERATING COMPANY
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CLEVELAND ELECTRIC ILLUMINATING
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COMPANY
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TOLEDO EDISON COMPANY
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OHIO EDISON COMPANY
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Docket No. 50-440
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OES NUCLEAR, INC.
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I PENNSYLVANIA POWER COMPANY
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1 DUQUESNE LIGHT COMPANY
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(Perry Nuclear Power Plant, Unit 1)
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ORDER APPROVING TRANSFER OF LICENSE AND CONFORMING AMENDMENT 1.
The Cleveland Electric illuminating Company (CEICO), Duquesne Light Company (DLC),
Ohio Edison Company, OES Nuclear, Inc., Pennsylvania Power Company (Penn Power),
Toledo Edison Company, and FirstEnergy Nuclear Operating Company (FENOC) are the licensees of the Perry Nuclear Power Plant, Unit 1 (PNPP). FENOC, the only non-owner licensee, acts as agent for the owners and has exclusive responsibility for, and control over, the physical construction, operation, and maintenance of PNPP as reflected in Operating License No. NPF-58. With the exception of DLC, FENOC and each of the remaining licensees are 9910050051 990930 PDR ADOCK 05000440
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r 2-wholly owned suNdiaries of FirstEnergy Corporation (FE). The U.S. Nuclear Regulatory Commission (NRC) issued Operating License No. NPF-58 on March 18,1986, pursuant to Part 50 of Title 10 of the Code of FederalRegulations (10 CFR Part 50). The facility is located on the shore of Lake Erie in Lake County, Ohio, approximately 35 miles northeast of Cleveland, Onio.
II.
By application dated May 5,1999, CEICO, DLC, and FENOC requested approval of the proposed transfer of DLC's 13.74 percent undivided ownership interest in PNPP to CEICO, which presently owns a 31.11 percent interest. In addition, the application requested approval of a conforming amendment to reflect the transfer. No physical changes will be made to PNPP as a result of this transfer, and there will be no significant change in the operations of PNPP.
FENOC would remain as the agent for the joint owners of the facility and would continue to have exclusive responsibility for the management, operation, and maintenance of PNPP. The conforming amendment would remove DLC from the facility operating license.
Approval of the transfer and conforming license amendment was requested pursuant to 10 CFR 50.80 and 50.90. Notice of the application for approval and an opportunity for a hearing was published in the FederalRegister on June 14,1999 (64 FR 31879).
Under 10 CFR 50.80, no license, or any right thereunder, shall be transferred, directly or indirectly, through transfer of control of the license, unless the Commission shall give its consent in writing. Upon review of the information contained in the application of May 5,1999, and other information before the Commission, the NRC staff has determined that CEICO is qualified to hold the license to the extent proposed in the application and that the transfer of the license, to i
the extent it is held by DLC, to CEICO is otherwise consistent with applicable provisions of law, regulations, and orders issued by the Commission, subject to the conditions set forth herein.
The NRC staff has further found that the application for the proposed license amendment
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! complies with the standards and requi ements of the Atomic Energy Act of 1954, as ame.nded (the Act), and the Commission's rules and regulations set forth in 10 CFR Chapter I; the facility
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will operate in conformity with the application, the provisions of the Act, and the rules and regulations of the Commission; there is reasonable assurance that the activities authorized by the proposed license amendment can be conducted without endangering the health and safety of tha public and that such activities will be conducted in compliance with the Commission's regulations; the issuance of the proposed license amendment will not be inimical to the common defense and security or to the health and safety of the public; and the issuance of the proposed amendment will be in accordance with 10 CFR Part 51 of the Commission's regulations, and all applicable requirements have been satisfied. The foregoing findings are supported by a safety evaluation dated September 30, 1999.
- Ill, Accordingly, pursuant to Sections 161b,161i, and 184 of the Atomic Energy Act of 1954, as amended; 42 USC $@ 2201(b),2201(i), and 2234; and 10 CFR 50.80, IT IS HEREBY ORDERED that the license transfer referenced above is approved, subject to the following conditions:
(1) All decommissioning funding arrangements pertaining to the transfer of DLC's ownership interest to CEICO, as set forth in the application and the safety evaluation supporting this Order, shall be implemented and fulfilled.
(2) After the uceipt of all required regu!atory approvals of this transfer of DLC's interest in Perry to CEICO, CEICO shallinform the Director, Office of Nuclear Reactor Regulation, in writing, of such receipt within five business days, and of the date of the closing of the transfer no later than seven business days prior to the date of the closing. Should the transfer not be completed by September 30,2000, this Order
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shall become null and void, provided, however, on application and for good cause I
shown, such date may be extended.
IT IS FURTHER ORDERED that, consistent with 10 CFR 2.1315(b), a license amendment that makes changes, as indicated in the attachment to this Order, to conform the license to reflect the subject license transfer is approved. Such amendment shall be issued and made effective at the time the proposed license transfer is completed.
This Order is effective upon issuance.
For further details with respect to this Order, see the application dated May 5,1999, and the safety evaluation dated September 30,1999,which are available for public inspection at the Commission's Public Document Room, the Gelman Building,2120 L Street, NW., Washington, DC, and at the local public document room located at the Perry Public Library,3753 Main Street, Perry, OH 44081.
Dated at Rockville, Maryland, this30tlalay of September 1999 FOR THE NUCLEAR REGULATORY COMMISSION l
0 e.Go ins, Di ctor Office of Nuclear Reactor Regulation f
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t UNITED STATES l
j-NUCLEAR REGULATORY COMMISSION WASHINGTON, D.C. 20e6H001
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FIRSTENERGY NUCLEAR OPERATING COMPANY DOCKET NO. 50-440 PERRY NUCLEAR POWER PLANT. UNIT 1 AMENDMENT TO FACILITY OPERATING LICENSE Amendment No.
License No. NPF-58 1.
The U.S. Nuclear Regulatory Commission (the Commission) has found that:
A.
The application for amendment by the Cleveland Electric illuminating Company, the Duquesne Light Company, and the FirstEnergy Nuclear Operating Company dated May 5,1999, complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's rules and regulatio 1s set forth in 10 CFR Chapter I; B.
The facility will operate in conformity with the application, the provisions of the Act, and the rules and regulations of the Commission; C.
There is reasonable assurance (i) that the activities authorized by this amendment can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the Commission's regulations; D.
The issuance of this amendment will not be inimical to the common defense and security or to the health and safety of the public; and E.
The issuance of this amendment is in accordance with 10 CFR Part 51 of the C...;m,saiciis segulations and all applicable requirements have been satisfied.
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Accordingly, Facility' Operating License No. NPF-58 is' hereby amended as indicated in the attachments hereto.
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This license amendment is effective as of its date of issuance, and shall be implemented within 30 days.
FOR THE NUCLEAR REGULATORY COMMISSION
. Samuel J. Collins, Director
- Office of Nuclear Reactor Regulation
Attachment:
Changes to the Operating License Date of issuance:
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F; ATTACHMENT TO LICENSE AMENDMENT NO.
FACILITY OPERATING LICENSE NO. NPF-58 DOCKET NO. 50-440 J
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Replace the following pages of the operating license with the attached revised pages. The revised pages are identified by amendment number and contain marginal lines indicating the areas of change.
Remove Insert 1
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Appendix C, cover letter Appendix C, cover leMar l
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UNITED STATES g
j NUCLEAR REGULATORY COMMISSION o
WA8HINGTON, D.C. 20566-0001
%q.....,o FIRSTENERGY NUCLEAR OPERATING COMPANY CLEVELAND ELECTRIC ILLUMINATING COMPANY OHIO EDISON COMPANY OES NUCLEAR. INC.
PENNSYLVANIA POWER COMPANY TOLEDO EDISON COMPANY DOCKET NO. 50-4.4_0 PERRY NUCLEAR POWER PLANT. UNIT NO.1 FACILITY OPERATING LICENSE License No. NPF-58
- 1. The Nuclear Regulatory Commission (the Commission) has found that:
A. The application for license filed by FirstEnergy Nuclear Operating Company (FENOC)'
acting on its own behalf and as agent for The Cleveland Electric illuminating Company (CEICO), Ohio Edison Company, OES Nuclear, Inc. 2, Pennsylvania Power Company, l
and the Toledo Edison Company (licensees) complies with the standards and requirements of the Atomic Energy Act of 1954, as amended (the Act), and the Commission's regulations set forth in 10 CFR Chapter I, and all required notifications to other agencies or bodies have been duly made; B. Construction of the Perry Nuclear Power Plant, Unit No.1 (the facility), has been substantially completed in conformity with Construction Permit No. CPPR-148 and the application, as amended, the provisions of the Act, and the regulations of the Commission; 1
' FENOC is authorized to act as agent for Ohio Edison Company, OES Nuclear, Inc.,
Pennsylvania Power Company, the Toledo Edison Company, and The Cleveland Electric illuminating Company, and has exclusive responsibility and control over the physical construction, operation, and maintenance of the facility.
2 OES Nuclear, Inc.,is a wholly owned subsidiary of Ohio Edison Company. OES Nuclear, Inc., owns a portion of the 30% interest in Perry Nuclear Power Plant Unit No.1 attributable to Ohio Edison Company. Ohio Edison Company remains fully responsible for all costs and expenses, including decommissioning expenses, relating to the portion of the Perry Nuclear Power Plant Unit No.1 owned by OES Nuclear, Inc., for the duration of the license through completion of plant decommissioning. OES Nuclear, Inc., was added as a licensee by Amendment No. 81 to this license.
Amendment No.
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. C. The facility will operate in conformity with the application, as amended, the provisions of the Act, and the regulations of the Commission (except as exempted from compliance in Section 2.D below);
D. There is reasonable assurance: (i) that the activities authorized by this operating license can be conducted without endangering the health and safety of the public, and (ii) that such activities will be conducted in compliance with the Commission's regulations set forth in 10 CFR Chapter I (except as exempted from compliance in Section 2.D below);
E. The FirstEnergy Nuclear Operating Company is technically qualified to engage in the activities authorized by this license in accordance with the Commission's regulations set forth in 10 CFR Chapter I; F. The licensees have satisfied the applicable provisions of 10 CFR Part 140, " Financial Protection Requirements and indemnity Agreements," of the Commission's regulations; G. The issuance of this license will not be inimical to the common defense and secunty or to the health and safety of the public; H. After weighing the environmental, economic, technical, and other benefits of the facility against environmental and other costs and considering available alternatives, the issuance of this Facility Operating License No. NPF-58, subject to the conditions for protection of the environment set forth in the Environmental Protection Plan attached as Appendix B, is in accordance with 10 CFR Part 51 of the Commission's regulations and all applicable requirements have been satisfied; and I
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The receipt, possession, and use of source, byproduct, and special nuclear material as authorized by this license will be in accordance with the Commission's regulations in 10 CFR Pads 30,40, and 70.
- 2. Based on the foregoing findings regarding this facility, the Partial-Initial Decisions issued December 2,1983, and September 3,1985, by the Atomic Safety and Licensing Board in regard to this facility (affirmed by ALAB-841, dated July 25,1986) and pursuant to approval by the Nuclear Regulatory Commission at a meeting on November 7,1986, Facility Operating License No. NPF-58, which supersedes the license for fuel loading and low power testing, License No. NPF-45, issued on March 18,1986, is hereby issued to the Cleveland Electric Illuminating Company, FirstEnergy Nuclear Operating Company, Ohio Edison l
Company, OES Nuclear Inc., Pennsylvania Power Company, and Toledo Edison Company (the licensees) to read as follows:
l A. The license applies to the Perry Nuclear Power Plant, Unit No.1, a boiling water nuclear i
reactor and associated equipment (the facility), owned by the Cleveland Electric l
Illuminating Company, Ohio Edison Company, OES Nuclear, Inc.,
l Amendment No.
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. Pennsylvania Power Company, and the Toledo Edison Company. The facility is located on the shore of Lake Erie in Lake County, Ohio, approximately 35 miles northeast of Cleveland, Ohio, and is described in the licensees' Final Safety Analysis Report, as supplemented and amended, and in the licensees' Environmental Report, as supplemented and amended.
B. Subject to the conditions and requirements incorporated herein, the Commission hereby I
licenses:
(1)
FENOC, pursuant to Section 103 of the Act and 10 CFR Part 50, to possess, use, and operate the facility at the designated location in Lake County, Ohio, in accordance with the procedures and limitations set forth in this license; (2)
CEICO, Ohlo Edison Company, OES Nuclear, Inc., Pennsylvania Power l
Company, and Toledo Edison Company to possess the facility at the designated location in Lake County, Ohio, in accordance with the procedures and limitations set forth in this license; (3)
FENOC, pursuant to the Act and 10 CFR Part 70, to receive, possess, and use at any time special nuclear material as reactor fuel, in accordance with the limitations for storage and amounts required for reactor operation, as described in the Final Safety Analysis Report, as supplemented and amended; (4)
FENOC, pursuant to the Act and 10 CFR Parts 30,40, and 70, to receive, possess, and use at any time any byproduct, source, and special nuclear material such as sealed neutron sources for reactor startup, sealed snurces for reactor instrumentation and radiation monitoring equipment calibration, and fission j
deten Jrs in amourits as required; (5)
FENOC, pursuant to the Act and 10 CFR Parts 30,40, and 70, to receive, possess, and use in amounts as required any byproduct, source, or special nuclear material without restriction as to chemical or physical form, for sample analysis or instrument calibration or associated with radioactive apparatus or components; and 1
(6)
FENOC, pursuant to the Act and 10 CFR Parts 30,40, and 70, to possess, but not separate, such byproduct and special nuclear materials as may be produced by the operation of the facility.
(7)(a) Ohio Edison Company is authorized to transfer any portion of its 30.0%
ownership share of PNPP Unit 1 and a proportionate share of its interest in the PNPP common facilities to certain equity investors identified in its submission of January 23,1987, as supplemented on March 3,1987, and at the same time to lease back from such purchasers such interest sold in the PNPP Unit i facility.
The term of the lease is for approximately 29% years subject to a right of Amendment No.
. renewal. Such sale and leaseback transactions are subject to the representations and conditions set forth in the above mentioned application of January 23,1987, as supplemented on March 3,1987, as well as the letter of the Director of the Office of Nuclear Res. tor Regulation dated March 16,1987, consenting to such transactions. Specifically, a lessor and anyone else who may acquire an interest under these transactions are prohibited from exercising directly or indirectly any control over the licenses of PNPP Unit 1. For purposes of this condition the limitations of 10 CFR 50.81, as now in effect and as may be subsequently amended, are fully applicable to the lessor and any successor in interest to that lessor as long as the license for PNPP Unit 1 remains in effect; these financial transactions shall have no effect on the license for the Perry Nuclear facility throughout the term of the license.
(b) Further, the licensees are also required to notify the NRC in writing prior to any change in: (i) the terms or conditions of any lease agreements executed as part of these transactions; (ii) the PNPP Operating Agreement; (iii) the existing property insurance coverage for PNPP Unit 1 'd (iv) any action by a lessor or others that may have an adverse effect on the e_;e operation of the facility.
C. This license shall be deemed to contain and is subject to the conditions specified in the Commission's regulations set forth in 10 CFR Chapter I and is subject to all applicable provisions of the Act and to the rules, regulations, and orders of the Commission now or hereafter in effect; and is subject to the additional conditions specified or incorporated below:
(1)
Maximum Power Level FENOC is authorized to operate the facility at reactor core power levels not in excess of 3579 megawatts tnermal(100% power)in accordance with the conditions specified herein.
(2)
Technical Soecifications The Technical Specifications contained in Appendix A and the Environmental Protection Plan contained in Appendix B, as revised through Amendment No.
l are hereby incorporated into the license. FENOC shall operate the facility in accordance with the Technict ' acifications and the Environmental Protection Plan.
(3)
Antitrust Conditions
Nuclear, Inc., Pennsylvania Power Company, and the Amendment No.
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APFGDIA '
PERRY NUCLEAR POWER Ely L. UNIT NO.1 l
NPF-58 ANTITRUST CONDITIONS FOR CLEVELAND ELECTRIC ILLUMINATING COMPANY OHIO EDISON COMPANY OES NUCLEAR. INC, PENNSYLVANIA POWER COMPANY TOLEDO EDISON COMPANY A. The licensees are subject to the following antitrust conditions:
Definitions Apolicants shall mean the five companies listed above.
Entity shall mean any electric generation and/or distribution system or municipality or cooperative with a statutory right or privilege to engage in either of these functions.
Wheelina shall mean transportation of electricity by a utility over its lines for another utility, including the receipt from and delivery to another system of like amounts but not necessarily i
' the same energy. Federal Power Commission, The 1970 National Power Survey. Part 1, P. 1-24-8. -
Licensina Conditions (1) Applicants shall not condition the sale or exchange of wholesale power or coordination j
services upon the condition that any other entity:
(a) enter into any agreement or understanding restricting the use of or alienation of such energy or services to any customers or territories; (f) enter into any agreement or understanding requiring the receiving entity to give up any other power supply alternatives or to deny itself any market opportunities, (g) withdraw any petition to intervene or forego pa.1:g.On in x.y proceeding before the i
Nuclear Regulatory Commission or refrain from instigating or prosecuting any antitrust l
action in any other forum I
Amendment No.
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